Alcohol and drug limits for driving

It is the basic rule of Chapter VII of Act 22-2000: what counts as driving under the influence, with which numbers and which substances. It is not the penalties guide — those are in Article 7.04 and have their own guide — but the one about where the line sits.

It applies to anyone who drives or operates a vehicle, motor vehicle or all-terrain vehicle on Puerto Rico’s public roads. Which threshold applies to you depends on your age, the type of vehicle you drive and whether the vehicle is Government-owned.

• Driving or operating a vehicle, motor vehicle or all-terrain vehicle: Article 7.01 names all three.Verified against the official source
• Being under the effects of intoxicating drinks, drugs or controlled substances, or reaching the blood alcohol threshold matching your age and vehicle type under Article 7.02.Verified against the official source

Information pending verification.

1. 1

   Step 1: The basic rule covers more than a car

   Article 7.01 says it shall be illegal, and a misdemeanour punished under Article 7.04, for anyone under the effects of intoxicating drinks, drugs or controlled substances to “drive or operate any vehicle, motor vehicle, or all-terrain vehicle”. Two things there matter: the Act names the all-terrain vehicle alongside the motor vehicle, and it says “drive or operate”, not merely drive on the highway.

2. 2

   Step 2: 0.08% if you are twenty-one or over

   Article 7.02(a) says it is illegal per se for anyone aged twenty-one or over to drive or operate a motor vehicle when their blood alcohol content is eight hundredths of one per cent (0.08%) or more, as it appears from the chemical or physical analysis of their blood or breath. “Per se” means the number is enough: there is no need also to prove you were driving badly.

3. 3

   Step 3: 0.02% between eighteen and twenty, and by vehicle

   Article 7.02(b) lowers the threshold to two hundredths of one per cent (0.02%) or more in two cases that add up: people between eighteen and twenty years of age inclusive, and — at any age — drivers of trucks, motorcycles, school buses, heavy motor vehicles and all-terrain vehicles. That is, the same drink that leaves a twenty-five-year-old car driver under the limit can leave a motorcyclist over it.

4. 4

   Step 4: Under eighteen: any amount

   Article 7.02(c) says it is illegal for anyone under eighteen to drive or operate a motor vehicle “containing alcohol in their blood”, as that concentration is determined in the chemical analysis of their blood or breath. There is no threshold: there is zero.

5. 5

   Step 5: Government vehicle: 0.02% and a separate sanction

   Article 7.02(d) makes it illegal for any public employee or official to drive or operate a motor vehicle owned by the Government of Puerto Rico containing two hundredths of one per cent (0.02%) or more of alcohol in their blood. And it adds a layer: every government agency, corporation and instrumentality shall establish by regulation the administrative sanctions applicable to whoever fails to comply. That is, the criminal case and the trouble with your agency run on separate tracks.

6. 6

   Step 6: Being under the limit does not close the case

   The final paragraph of Article 7.02 says subsections (a), (b), (c) and (d) “shall not be interpreted as limiting the presentation of any other competent evidence” on whether the driver was under the influence of intoxicating drinks at the time of the alleged offence. The number is one route of proof; it is not the only one.

7. 7

   Step 7: A prescription is no defence, and medical cannabis is named

   Article 7.03 makes it illegal for anyone under the effects of any narcotic drug, marijuana, medical cannabis, stimulant or depressant substance, or any chemical or controlled substance capable of incapacitating them from driving safely, to drive or have actual physical control of a motor vehicle on public roads. And it closes bluntly: the fact that the accused had or has had the right to use that substance under the laws of Puerto Rico “shall not constitute a defence against the charge of violating this Article”. Note the standard too: it is not a number, it is whether the substance is capable of incapacitating you from driving safely, and actual physical control of the vehicle is enough.

There is no procedure here: this is a rule of conduct that applies on the public road. The stop is made by a law-enforcement officer, the criminal case is brought by the prosecution before the Court of First Instance, and the suspension or restoration of the licence is carried out by the Department of Transportation and Public Works.

• Believing 0.08% applies to everyone: between eighteen and twenty, and on a motorcycle, truck, school bus, heavy vehicle or ATV, the threshold is 0.02%.
• Thinking the same limit applies on a motorcycle as in a car: Article 7.02(b) names the motorcycle expressly.
• Assuming someone under eighteen has any margin: any alcohol concentration is illegal.
• Believing an ATV does not count: Article 7.01 names it alongside the motor vehicle.
• Thinking the offence is only committed while driving: the Act says “drive or operate”, and Article 7.03 speaks of actual physical control.
• Believing being under the limit closes the case: the Act allows any other competent evidence to be presented.
• Assuming a prescription protects you: Article 7.03 says having the right to use the substance is not a defence.
• Believing medical cannabis is exempt: the article names it by name.
• Forgetting the Government vehicle: for public employees and officials the threshold is 0.02% and there is an agency administrative sanction on top.
• Confusing this guide with the penalties: the fine and jail figures are in Article 7.04.

These are the government pages this guide is based on.

• Departamento de Transportación y Obras Públicas (DTOP)

  DTOP

  bvirtualogp.pr.gov